Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re D.R.

Court of Appeals of Iowa

August 2, 2017

IN THE INTEREST OF D.R., R.R., O.R., and G.S., Minor Children, M.H., Mother, Appellant.

         Appeal from the Iowa District Court for Polk County, Susan C. Cox, District Associate Judge.

         The mother appeals from the dispositional order confirming the adjudication of her children as in need of assistance and placing them outside of her care and custody. AFFIRMED.

          Jeremy M. Evans of Sporer & Flanagan, P.L.L.C., Des Moines, for appellant mother.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Kim S. Ayotte of Youth Law Center, Des Moines, guardian ad litem for minor children.

          Brent M. Pattison of Drake Legal Clinic, Des Moines, attorney for minor child G.S.

          Considered by Danilson, C.J., and Potterfield and Bower, JJ.

          POTTERFIELD, JUDGE.

         The mother appeals from the dispositional order confirming the children as in need of assistance (CINA) and maintaining the children outside of her care and custody. She claims the juvenile court's dispositional order placing the children in foster care[1] was not the least restrictive means available. Specifically, she argues the court should have returned the children to her care and custody because the reasons for their removal had been resolved. The mother also argues the State failed to make reasonable efforts toward reunification.

         I. Background Facts and Proceedings.

         This mother has been involved with the Iowa Department of Human Services (DHS) a number of times in the past, both for these children and for an older child who is now an adult. Most recently, in 2014, D.R. and O.R. were removed from the mother's care and adjudicated CINA after the mother tested positive for marijuana and methamphetamine; O.R. and D.R. also tested positive for THC.[2] The mother was able to work through her issues with substance abuse and have the children returned to her care.

         The present involvement began in June 2016, when it was reported that the mother was smoking marijuana in the presence of D.R., O.R., and R.R.- then five, four, and one, respectively. It was also alleged the mother was breastfeeding R.R. after smoking marijuana. When DHS interviewed D.R., he reported his mother smoked cigarettes outside the home that looked different from the cigarettes she smoked inside the home. He also reported his mother smoked out of a purple tube, and that he and his younger siblings were usually alone inside the home while she did so.

         DHS was unable to make contact with the mother until mid-August. Once the social worker made contact, the mother admitted she had smoked marijuana within the previous two months, but she denied breastfeeding R.R. afterward and she stated she had not used methamphetamine since the previous DHS case closed. The mother agreed to participate in a drug test the following Monday.

         In the meantime, the mother took D.R. and R.R. to their father.[3] The family court had awarded the father physical care of the children on August 1, but the mother had refused to turn the children over to their father. After she did so, on August 22, the father called DHS and reported the mother seemed to be "tweaking." He explained she was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.